Court: |
Wisconsin Circuit Court |
|
Facts: |
Overprotective mother gets hit with bat and strangled by son. Son tries
to say that anyone would have done likewise, because she was such a
pain. |
|
Posture: |
Conficted of first degree murder, sentenced to life. |
|
Issue: |
Was it error not to instruct on manslaughter? |
|
Holding: |
No. This is not factually analogous to Felton |
|
Rule: |
Objective element (was the provocation sufficient), subjective
element (did it affect the defendant's state of mind)? |
|
Reasoning: |
|
|
Dicta: |
Dissenting opinion: Should have focused on where there was first-degree
intent. |